Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Hungary

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1994)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1994)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors. Labour inspection activities with regard to foreign workers and the protection of foreign workers in an irregular situation. In its previous comments, the Committee noted that under the Employment Supervision Act and the Decree No. 115/2021, the employment supervision authority, in the context of the control of regularity of employment, is tasked to control the work permit of third-country nationals. It also noted that the amended section 10(2) of the Employment Supervision Act provides that if an employer fails to report an employment relationship, the supervisory authority would retroactively recognize the relationship from the 30th day before the infringement began, unless the failure exceeded 30 days during the procedure. It also noted that, under section 15 of Decree No. 115/2021, when a violation involving a third-country national was found, the supervisory authority is required to send its final decision to the immigration enforcement authority. The Committee notes with concern that the Government once again does not provide information on the measures taken to ensure that these additional functions assigned to labour inspectors do not interfere with their primary functions as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee notes that the Government has not provided updated information regarding the proportion of workers in an irregular situation, including employed in agriculture, neither the number of cases in which such workers have been granted their due rights. The Committee once again urges the Government to take measures to ensure that the additional functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. In that regard, the Committee once again requests that the Government provide information on the proportion of labour inspectors’ time that is spent on functions related to control of regularity of employment, including work permit regulation for third party nationals. In addition, the Committee reiterates its request that the Government provide specific information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits, including in the agricultural sector.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and effectiveness of the labour inspection system. The Committee notes with concern that the number of labour inspectors continued to decrease, from 300 in the first half of 2021 to 273 in 2023. At the same time the number of inspections remained relatively stable, slightly increasing from 9,462 in 2020 to 9,764 in 2023. The Government indicates that most inspections are unannounced in order to allow the inspector to observe the actual working conditions, but pre-selected employers may also be subject to a comprehensive inspection on the basis of prior notification. The Committee requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. The Committee also requests the Government to continue to provide statistical information on the number of labour inspectors and the number of inspection visits conducted. The Committee requests the Government to provide information on the number of labour inspectors performing inspections in the field of occupational safety and health, and those performing inspections in the field of labour relations.

The Committee is raising other matters in a request addressed directly to the Government.